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U.S. v. QUINTANA-TORRES

No. 99-50690.

235 F.3d 1197 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Fernando QUINTANA-TORRES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2000.

Amended December 28, 2000.

Attorney(s) appearing for the Case

Steven F. Hubachek, Assistant Federal Public Defender, San Diego, California, for the defendant-appellant.

Roger W. Haines, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: JOHN T. NOONAN, STEPHEN S. TROTT and MARSHA S. BERZON, Circuit Judges.

Argued and Submitted August 9, 2000 — Pasadena, California.

ORDER AND AMENDED OPINION

NOONAN, Circuit Judge:

ORDER

The opinion filed on September 15, 2000 [224 F.3d 1157] is amended as follows:

Slip op. p. 1159, 1.9, add: "Alternatively, voluntarily remaining in the country after an involuntary entry satisfies the statute." Slip op. p. 1159, 1.7, add: "Apprendi argument.

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